Maryland Accident Attorney Bloghttps://www.marylandaccidentattorneyblog.com
Published by Baltimore, Maryland Personal Injury and Accident Lawyer — Silverman | Thompson | Slutkin | White LLCFri, 28 Oct 2016 18:57:04 +0000en-UShourly1118503189MarylandAccidentAttorneyBlogComhttps://feedburner.google.comAmtrak Train Crash in Philadelhiahttps://www.marylandaccidentattorneyblog.com/2015/05/amtrak_train_crash_in_philadel.html
Thu, 14 May 2015 14:18:18 +0000http://www.marylandaccidentattorneyblog.com/2015/05/amtrak_train_crash_in_philadel.htmlAnother fatal train accident has taken place on the east coast. This one occurred yesterday in Philadelphia and the preliminary investigating seems to indicate that the cause of the accident was conductor error. According to the unnamed sources, the so called “black boxes” which were recovered from the crash scene indicate that the train was travelling at speeds in excess of 100 miles per hour. The accident occurred as the train attempted to negotiate a curve in the tracks where trains are not to exceed 50 miles per hour. So far, eight people are confirmed dead and hundreds more have been injured. There is a criminal investigation underway. http://www.mdattorney.com/contact-us.html
We at Silverman, Thompson, Slutkin and White, have been handling train accident cases since 1996 when we successfully sued on behalf of the family of a student who was killed in the tragic MARC Train accident in Silver Spring Maryland. Since that time we have handled dozens of cases involving train derailments or trains striking vehicles or pedestrians. These cases are extremely complicated and require a deep understanding of both Federal and State law in this area. Please contact us for further information.

]]>133Roland Park Bicycle Death Case Requires An Expereinced Attorneyhttps://www.marylandaccidentattorneyblog.com/2014/12/roland_park_bicycle_death_case.html
Mon, 29 Dec 2014 13:51:58 +0000http://www.marylandaccidentattorneyblog.com/2014/12/roland_park_bicycle_death_case.htmlSadly, another bicycle rider has been killed by a driver, this time in Roland Park. An article regarding this most recent matter can be found here.

I have handled two high-profile bicycle death cases in Maryland in the last few years, and both of them were tragic. The first involved a bicyclist who was run over by a commercial vehicle in Baltimore City. An article regarding that case can be found here. That case also involved a hit and run, though the driver in that case never came back to the scene.

]]>132STSW Assists Victims in Shocking “Mikvah” Video Voyeurism Casehttps://www.marylandaccidentattorneyblog.com/2014/11/stsw_assists_victims_in_shocki_1.html
Thu, 06 Nov 2014 11:48:26 +0000http://www.marylandaccidentattorneyblog.com/2014/11/stsw_assists_victims_in_shocki_1.htmlOn October 14, 20014, prominent D.C. Rabbi and religious scholar Barry Freundel was arrested by the D.C. Metropolitan Police Department (MPD) and charged with various offenses relating to voyeurism. According to charging documents, which can be found here, Rabbi Freundel installed recording devices in the changing/shower area connected to a Jewish ritual bath known as a “mikvah.”

Rabbi Freundel was affiliated with Kesher Israel in Washington, D.C., he was a Jewish studies professor at Georgetown Law and he served on the faculty at Towson University in Maryland. Preliminary information suggests Rabbi Freundel encouraged his female students to participate in the mikvah and thousands of women who used the mikvah face the very real prospect that Rabbi Freundel captured and/or distributed the women’s images without their knowledge or consent. Media accounts indicate that several of the institutions with which Rabbi Freundel was affiliated are currently investigating other potential misconduct and MPD’s investigation in that regard is ongoing.

Silverman|Thompson|Slutkin|White|LLC (STSW) is in the process of investigating the potential criminal and civil liability flowing from Rabbi Freundel’s conduct on behalf of several potential victims. If you believe you may be a victim of Rabbi Freundel, you have important rights in the criminal process that STSW’s victims’ rights attorneys can help you protect. In addition, you have the right to seek a financial recovery against an array of individuals and entities that may be held liable for Rabbi Freundel’s acts. Many of these rights are time-sensitive and it is imperative that you immediately seek competent legal representation.

]]>131STSW Exploring Claims on Behalf of Business and Residents Affected by West Virginia Oil Spillhttps://www.marylandaccidentattorneyblog.com/2014/01/stsw_exploring_claims_on_behal.html
Sat, 11 Jan 2014 11:10:04 +0000http://www.marylandaccidentattorneyblog.com/2014/01/stsw_exploring_claims_on_behal.htmlMore than 100,000 households and businesses have been left without potable water because of a large-scale chemical spill discovered Thursday on the Elk River near Charlestown, West Virginia. The spill occurred just north of one of the largest water treatment plants in America and as many as 480,000 residents may be affected.
Officials believe methylcyclohexene methanol, a chemical used in the coal washing process, leaked into the Elk River from a 48,000 gallon containment tank at a site run by Freedom Industries, Inc. The Governor of West Virginia has declared a state of emergency for nine counties and countless businesses have been ordered shuttered. Reports indicate that federal law enforcement and the U.S. Attorney for West Virginia are exploring federal criminal charges in connection with the spill.

Experts warn that ingesting or inhaling the chemical poses potentially severe health risks. Residents near the Elk River have already complained of a strong licorice-type odor that has produced eye and skin irritations, headaches, difficulty breathing and other health issues and at least five people have been hospitalized for symptoms related to the leak.

STSW is working with attorneys and others on the ground in West Virginia to explore and preserve all the legal claims that may be available against the entities and individuals responsible for causing and/or contributing to this disaster. At least three class action lawsuits have already been filed and, based on our extensive experience in environmental toxic tort litigation, we urge affected residents to be careful to select attorneys with the experience and resources necessary to take on these extremely complex cases against what will undoubtedly be aggressive and well-financed defendants.

STSW senior partner Bill Sinclair has extensive experience litigating ground and water contamination cases in West Virginia and with the federal and State statutes likely at play here. STSW attorney Steve Kelly also has considerable experience litigating residential groundwater contamination cases, product liability and other complex injury cases.

STSW is a leading class action law firm, recently having filed a national class action against the National Hockey League on behalf of players suffering from the health effects of concussions. Read more about that case here

For a free, no-obligation consultation 24-hours a day, seven days a week, email us here.

]]>130Tragedy Suggests Urgent Need for Better Police Training for Dealing with Mental Illness and Disabilityhttps://www.marylandaccidentattorneyblog.com/2014/01/tragedy_suggests_urgent_need_f.html
Wed, 08 Jan 2014 13:58:52 +0000http://www.marylandaccidentattorneyblog.com/2014/01/tragedy_suggests_urgent_need_f.htmlA tragic national trend continued Sunday in the latest incident of police killing an unarmed individual suffering from mental illness or disability. After allegedly stating “I don’t have time for this,” a police officer shot unarmed North Carolina resident Keith Vidal, 18, in the chest, fatally wounding the 5’3″, 90-pound teen. Vidal, who suffered from schizophrenia, had been experiencing a psychotic episode and his family was unable to calm him down.

During the episode, Vidal’s stepfather, Mark Wilsey, called 911 for help and reported that Vidal had refused to take his medication and was attempting to fight his mother. Wilsey requested that police take Vidal somewhere he could receive help. According to the family, three officers from three different police departments then arrived on the scene.

The first two officers spoke with Vidal and apparently had some success in calming him down, when the third officer, from the Southport Police Department, arrived 14 minutes later. As stated in a police report obtained by a local news station, one of the officers informed the 911 dispatcher multiple times that that everything at the scene was okay. According to Wilsey, however, when the third officer arrived, he suggested that a Taser be used on Vidal, at which point Vidal attempted to run from the officers.

]]>129D.C. Dram Shop Liability Expandshttps://www.marylandaccidentattorneyblog.com/2013/11/dc_dram_shop_liability_expands.html
Tue, 05 Nov 2013 10:20:55 +0000http://www.marylandaccidentattorneyblog.com/2013/11/dc_dram_shop_liability_expands.htmlLast month, a D.C. jury found that the District Lounge & Grille, a bar (now closed) formerly located in the Adams Morgan section of the District, was liable to the Estate of Julia Bachleitner under the D.C. Dram Shop Statute. The parties had previously agreed that, if the bar was found liable, the damages would be $1 million.
Last month, a D.C. jury found that the District Lounge & Grille, a bar (now closed) formerly located in the Adams Morgan section of the District, was liable to the Estate of Julia Bachleitner under the D.C. Dram Shop Statute. The parties had previously agreed that, if the bar was found liable, the damages would be $1 million.

The Accident
The case is as tragic as they come. Julia Bachleitner was a 24-year old, soon to be engaged graduate student at the Johns Hopkins’ SAIS School in D.C. Originally from Austria, she had studied and traveled around the globe and had just returned to D.C. in September 2010 for her final year of graduate school. On September 8, she and her friend, Melissa Basque, met up with their boyfriends, all of whom were SAIS students, to catch up after being apart all summer. While walking from the campus to a nearby restaurant, the group crossed Florida Avenue where it connected with 18th Street.

While standing on an island in the middle of that intersection waiting to cross (the interchange has subsequently been reconfigured), a car driven by Chamica Adams came down 18th Street, crossed over the island, and struck Ms. Bachleitner and Ms. Basque. Ms. Bachleitner died days later from her injuries; Ms. Basque, while hurt badly, recovered. Ms. Adams subsequently pled to involuntary manslaughter and is currently serving a 40-month prison sentence at Danbury Correctional Institute in Connecticut.

Dram Shop Liability
The D.C. Dram Shop (an old English term for a bar) statute permits third-parties to recover from persons or entities that serve alcohol in the District, a notion that runs counter to the common law of England and the United States which found that it was the alcohol, not the person serving alcohol, responsible for whatever might ensue. Beginning in the 1920s, states across America turned that notion on its head by enacting so-called Dram Shop statutes to specifically impose the type of liability at issue here.

The D.C. statute imposes liability (1) on a bar that serves an intoxicated or visibly intoxicated patron or (2) where an intoxicated or visibly intoxicated patron consumes alcohol on the premises. The “consumption” prong of the statute appears to be unique in America – everywhere else, liability is premised solely on service to a visibly intoxicated patron. By extending that liability to consumption, the D.C. Legislature has essentially imposed a strict liability scheme on the D.C. hospitality scene, making it their responsibility to ensure that patrons do not drink on their premises once the patron becomes intoxicated or visibly intoxicated.

The Lawsuit
Ms. Bachleitner’s family, along with Ms. Basque and the two boyfriends, sued both Ms. Adams and the bar at which she had been drinking prior to the accident – the District Lounge. According to video from the District Lounge, Ms. Adams entered that establishment at approximately 6:10 that evening to attend a happy hour, all-you–can-drink event. Between 6:14 and 6:35, Ms. Adams ordered at least three alcoholic drinks from two different bartenders. Plaintiffs and Ms. Adams claimed that she obtained two more drinks – Green Zombies – at 6:40, an assertion the Bar disputed. Ms. Adams left the Bar at 8:14 and the accident occurred 24 minutes later, approximately a half-mile from the Bar. Ms. Adams claims to have blacked out once she entered her car and could not fill-in all the missing time between when she left and when the accident occurred. An open bottle of Grand Marnier was found in her car.

Leading up to trial, the four plaintiffs settled their claims with Ms. Adams; in addition, Ms. Basque and the boyfriends dropped their claims against the District Lounge. Proceeding alone, the Bachleitner Estate sought to recover against the Bar on three distinct theories: (1) general negligence; (2) negligence per se based on the D.C. Dram Shop Statute; and (3) negligent hiring. Ultimately, only the issue of negligence per se was submitted to the jury.

The Result
The jury found that the District Lounge did not serve Ms. Adams while she was intoxicated or visibly intoxicated and that it did not serve her two drinks at a time in violation of a separate D.C. stature prohibiting the service of “back-up” and “to go” drinks. It did, however, find that Ms. Adams consumed alcohol on the premises while intoxicated or visibly intoxicated and on that basis, found the District Lounge violated the D.C. Dram Shop and caused the accident.

The Aftermath
The Bachleitner matter appears to be the first time that a D.C. jury has imposed liability on a bar based solely on the “consumption” prong of the Dram Shop statute. The verdict could open the proverbial floodgates of Dram Shop litigation in D.C. as it is clear that plaintiffs need only show that a person was drinking on premises while intoxicated or visibly intoxicated to hold the premises’ owner liable, even if the owner did not supply the alcohol being consumed and/or have any contact with the drinker.

STSW lawyers Steve Kelly and Bill Sinclair have litigated Dram Shop and Victim’s Rights cases in the District of Columbia and Maryland. If you would like to discuss this article or a potential case you may have, please call (410) 385-2225 or (800) 385-2243 or email them at skelly@mdattorney.com or bsinclair@mdattorney.com.

]]>128Navy Yard Shooting Gives Rise to Potential Civil Claimshttps://www.marylandaccidentattorneyblog.com/2013/11/navy_yard_shooting_gives_rise.html
Mon, 04 Nov 2013 16:48:51 +0000http://www.marylandaccidentattorneyblog.com/2013/11/navy_yard_shooting_gives_rise.htmlSTSW is currently investigating potential criminal and civil claims arising out of the massacre of 13 Navy Yard employees on behalf of several of the victims’ families.

Aaron Alexis was employed by The Experts, a subcontractor of Hewlett-Packard Enterprise Services (HP), and was granted access to secure Navy Yard facilities in that capacity. Based on the widespread media reports of Alexis’ increasingly bizarre behavior, The Experts was potentially on notice of a dangerous mental illness. Alexis was living in a hotel with fellow employees who apparently witnessed his declining mental state, as did members of the hotel staff. Alexis was also involved in several encounters with police which either were or could have been discovered by The Experts. The Experts may be liable for, among other things, wrongful death, negligent hiring, negligent supervision and negligent retention. Depending on the precise relationship between The Experts and HP, HP faces potential liability.

Others may also be held accountable for the deaths and injuries suffered by the victims and their families. The federal government may have been negligent in permitting Alexis to bring a disassembled weapon onto its premises and the contractor who performed his employment background check could also be held accountable for failing to discover signs of obvious mental illness.

]]>127Understanding the Process of Evaluating and Negotiating Automobile Injury Claimshttps://www.marylandaccidentattorneyblog.com/2013/04/understanding_the_process_of_e_1.html
Tue, 30 Apr 2013 13:28:35 +0000http://www.marylandaccidentattorneyblog.com/2013/04/understanding_the_process_of_e_1.htmlIn an effort to help our clients understand the process of negotiating a personal injury claim, I have compiled the following information that I feel is important you understand once the medical bills, lost wage statements and any other “special” damages have been obtained and the negotiating process has begun.

There are basically two types of damages to be considered when evaluating your claim, special damages and general damages:

a. Special damages are those damages for which you can show a dollar amount that you incurred as a result of having to pay money or losing money as a result of the collision and your injuries. Examples of special damages are medical bills and lost wages.

b. General damages are the damages for which you do not have a bill or for which you cannot show any “tangible” loss. Examples of general damages are pain and suffering.
2. Insurance companies tend to believe that a person could not have been seriously injured unless the automobile the person was in suffered a great deal of damage or was totaled. The insurance adjuster usually will not believe that you were severely injured if the automobile you were in suffered only a few hundred dollars damage and was driven from the scene of the collision.

3. Insurance companies rate special damages, like medical bills and lost wages, much higher than complaints of pain and suffering. Insurance companies are primarily moved by facts, figures and documentation of money loses and cost of medical treatment. Whether right or wrong, insurance companies simply do not believe someone is suffering from severe injuries unless the medical bills are substantial and the length of medical treatment as well as method of treatment and medical reports from the doctor indicate the seriousness of the injury.

EXAMPLE: Mr. Johnson and Mr. Taylor are passengers in an automobile that is struck by another automobile that has run a red light. There is no contest of liability by the insurance company, and the automobile in which Mr. Johnson and Mr. Taylor were passengers is “totaled” giving rise to a reasonable expectation that anyone in the automobile may be severely injured. Mr. Johnson and Mr. Taylor are the same age and weight, work for the same employer and suffered approximately the same injuries.

Mr. Johnson’s Case: Mr. Johnson saw a medical doctor who prescribed nine weeks of physical therapy. He took about ten weeks to recover from his injuries and missed work for eight weeks. His medical bills were a little over $6,000.00 and his lost wages were $2,200.00. It took Mr. Johnson about nine months to fully recover from his injuries. Now he has absolutely no problems from the collision.

Mr. Taylor’s Case: Mr. Taylor went to the emergency room. The emergency room doctor told him to see a neurosurgeon and an orthopedic specialist and provided Mr. Taylor with a referral to each. Instead of following the emergency room doctor’s advice, Mr. Taylor went to the chiropractor five or six times. Because Mr. Taylor was determined not to miss work he lost only six days pay of approximately $350.00. His medical bills totaled approximately $600.00. Mr. Taylor still suffers considerable pain, is unable to get along with his family because he is grouchy all the time, cannot perform his work properly and has not been able to golf or bowl once or twice a week as he did before the collision. His friends and relatives have written many letters explaining how the collision has changed his life and the considerable pain he continues to suffer.

POSSIBLE RESULT: The insurance company will probably settle Mr. Johnson’s claim for approximately $13,000.00 or a little more, but will offer Mr. Taylor no more than $2,500.00 if he is lucky. Why? Insurance adjusters want to see documentation and bills.

4. Insurance companies are not afraid of being sued in small personal injury cases. The cost to the insurance company of defending these claims usually will not be very high compared to the low risk to the insurance company of you obtaining a large jury verdict. An insurance company would rather not pay $8,000.00 to defend a claim worth $10,000.00 but will do so if it has to. If there are liability questions some insurance companies will pay $10,000.00 to defend a case that you would have settle for $3,000.00.

5. Persons who settle their cases without filing a lawsuit may always have second thoughts but may be happier than persons who go to trial or file suit and then
settle at the courthouse steps on the eve of trial. You may doubt the adequacy of any settlement but the emotional strain and difficulty of going through a lawsuit, waiting two to three years for trial and wondering if the jury will award you anything are seldom worth the few thousand dollars a jury verdict may bring.

The above information has been provided to help you understand how insurance companies evaluate personal injury claims. If your case is one in which the specials exceed $10,000.00, it is likely that that it will be necessary to file suit on your behalf to obtain for you a reasonable recovery. However, if the liability is not contested, your special damages are well documented and there is sufficient insurance coverage, your case also may be settled before filing suit.For more information, please contact us for a complimentary consultation.

]]>126What to Expect With Your Personal Injury Casehttps://www.marylandaccidentattorneyblog.com/2013/04/what_to_expect_with_your_perso_1.html
Tue, 30 Apr 2013 12:25:13 +0000http://www.marylandaccidentattorneyblog.com/2013/04/what_to_expect_with_your_perso_1.htmlThe law firm of Silverman, Thompson, Slutkin & White takes on a limited number of plaintiff’s personal injury cases each month. We limit our intake so we can provide the highest quality representation to each of our clients. To better equip our clients with an understanding of the process, we have broken down the phases of what to expect of our attorney-client relationship.

THE INITIAL CONFERNCE:

General information regarding the incident will be obtained when you are first interviewed. Certain other material relating to things you should not do will be furnished to you. You will be asked to sign authorization forms which will allow us to obtain necessary information. We will schedule a follow-up appointment for you to meet with the attorney handling your case shortly after you retain Silverman Thompson Slutkin and White.
RETAINER AGREEMENT:

This is the contract of employment between you and Silverman Thompson Slutkin and White.
Essentially it confirms that you have elected to hire Silverman Thompson Slutkin and White on a contingent-fee basis rather than an hourly or other basis. Accordingly, Silverman Thompson Slutkin and White’s fee will be one-third (35-40%) of any recovery whether obtained by suit or settlement. We do not take a case unless we think we will make a recovery. Therefore, all of our agreements are No Recovery-No Fee-No Expenses. The Retainer Agreement also confirms that for your convenience you have authorized Silverman Thompson Slutkin and White to advance money on your behalf to pay for expenses incurred for obtaining things such as medical records, medical reports, court costs and investigation costs.

INVESTIGATION:

Police and other incident reports will be obtained. Letters requesting medical information will be sent to all doctors and hospitals involved in your case. Anyone who may have been involved will be interviewed, witnesses will be contacted, and photographs will be taken. Any necessary information from employers will be obtained.

EVALUATION AND SETTLEMENT:

After obtaining all available information, we will carefully evaluate it to see if we believe your case has sufficient merit and damages to make it worthwhile for us to proceed. This evaluation involves researching the law, reading professional textbooks and articles, studying the records we have obtained and consulting trained professional such as doctors and nurses.

This evaluation generally takes some time. It is necessary that we investigate thoroughly and have an accurate understanding of your damages. One of the most difficult requests we must make of you is to have patience. We cannot properly evaluate your case until we have information from all sources.

If we conclude that we should not proceed with your case, we will let you know immediately so that you will have time to seek another opinion or consider some other course of action. If we conclude that we should proceed, we will discuss with you the possibility of settling your case without starting a lawsuit and, if appropriate, attempt to arrive at an amount for which you would be willing to settle your case. We would then prepare a settlement proposal to submit to the insurance company.

STARTING A LAWSUIT:

If we are unable to settle with the insurance company or if we determine that negotiations with the insurance company would not be fruitful, we may file a lawsuit.

A lawsuit is started by serving a Complaint on the other party. The other party is called a defendant. The Complaint lets the defendant know that he or she is being sued as a result of the incident. The defendant takes the Complaint to his or her insurance company, which delivers it to lawyers who work for the insurance company. The lawyers then send us a Grounds of Defense and, at that point, the case is said to be at issue.

We want to point out that, although a lawsuit may have been started, settlement is always possible at any time. Many cases are settled just before trial or during trial.

DISCOVERY:

Once the lawsuit has been started, both sides have the right to obtain information about the case by discovery depositions and interrogatories.

Discovery Depositions are the testimony of a party or a witness given under oath in the presence of attorneys for all parties to a lawsuit and before a court reporter who makes a verbatim record of the testimony.

We will be with you at the time your deposition is taken. A deposition is extremely important because the testimony can be used at trial and because a deposition often determines whether settlement is possible. Before your deposition is taken, we will discuss it with you thoroughly. We may also ask you to be present during the deposition of a defendant or a treating physician.

Interrogatories are written questions which either attorney may submit to the other party and which have to be answered by the parties, in writing, under oath.

We generally use both interrogatories and depositions to help us investigate the facts, as do the defendant’s attorneys.

At any time throughout this “discovery” period, the possibility of settlement may come up again. If anything concrete occurs, we will advise you promptly.

The law authorizes the defendant to require you to go to a doctor of his or her choice for a medical examination. This doctor will file a report with the defendant’s attorneys and, if there is a trial, may appear at the time of trial to testify on behalf of the defendant. If the defendant requires a medical examination of you, we will give you advice about what to do.

TRIAL PREPARATION:

It is usually very difficult to settle some cases at an early stage. Even when settlement is possible, it often occurs just before trial. If your case cannot be settled at a fair figure, we will proceed to trial. The two or three weeks before trial are spent in detailed review and preparation of the case. All of the witnesses are re-interviewed, exhibits are prepared and conferences are held with doctors and witnesses, and with you. What is expected of you at trial will be explained in detail before you actually go to court.

THE AMOUNT OF RECOVERY:

It is impossible for us to tell exactly how much money, if any, you will receive in connection with your case. As you attorneys, we feel it is our primary duty to obtain an amount of money which will fairly and justly compensate you for your injuries. We will make every effort to do this whether be settlement or trial, and we will advise you of our evaluation in this regard. Most cases are settled with the defendant’s insurance company but if not, the jury at your trial will determine the amount, if any, you will receive. The amount you receive either through settlement or at trial depends on the severity of your injuries, the amount of your medical bills and lost wages, your pain and suffering and how clearly the defendant was at fault. There are no hard and fast rules that determine how much you receive. Each case is unique.

THE TRIAL:

All trials are conducted in basically the same manner. They involve the following steps:

1. Selecting a Jury. In a jury case the first step is to question prospective jurors to determine whether they can be fair and impartial.

2. Opening Statement. After jury selection, each attorney has the opportunity to tell the jury what the case is about and what proof will be presented.

3. Presenting Witnesses. The plaintiff’s attorney calls witnesses first and presents the plaintiff’s case through witnesses and exhibits. The defendant’s attorney is given the right to question these witnesses when the plaintiff’s attorney has finished asking them questions. When the plaintiff has finished presenting witnesses, the defendant’s attorney is given the opportunity to call the defendant’s witnesses, and the plaintiff’s attorney has the right to question the defendant’s witnesses.

4. Argument. After the testimony is complete, the plaintiff’s attorney may argue on behalf of the plaintiff. The defendant’s attorney is then given the right to argue, and the plaintiff’s attorney is given a final chance to argue the plaintiff’s case.

5. Instructions. After all the testimony has been presented, the judge will instruct the jury as to the law. The jury then goes to the jury room and decides which party should win and the amount of money, if any, to be awarded.

TAX CONSEQUENCES:

Normally personal injury recoveries are tax free but because of the changing tax laws you should check with an accountant about the tax consequences of any settlement or judgment you might receive.

KEEPING YOU INFORMED:

We will send you copies of important documents which we send out or receive. Even though court appearances may be discussed in the papers or copies of letters you receive, you need not appear in court unless you receive a notice from us instructing you to do so. When something happens with regard to your case, we will advise you immediately. If you have a question, need some advice or are concerned about your case, do not hesitate to call.

CONFIDENTIAL INFORMATION:

As your lawyers, we must have all the facts in order to represent you properly. Any information you give to us is strictly confidential and will not be disclosed without your permission.

We will do our best to evaluate your case carefully and to represent you with the best skills available to us. We appreciate the opportunity to represent you in this important matter. Please contact us for more information or a free evaluation of your case.

Based on what we know so far this case will almost certainly lead to a wrongful death claim against the operators of this race. Runners in these kinds of events certainly understand that they are subjecting themselves to certain risks by participating in them – twisted ankles, broken bones or even cardiac events come to mind – and probably even signed waivers to insulate the operators from liability from these known risks.

But drowning? It seems almost impossible to believe that the operators of this race would create an obstacle requiring people to traverse a plank over a body of muddy water deep enough to drown in apparently without warning the participants of the depth of the water. And if they were reckless enough to set up this kind of obstacle, it seems obvious that they should have stationed enough trained instructors in and around the obstacle to prevent such a forseeable occurrence. After all, everyone in the race is covered head to toe in mud as are the obstacles making them treacherously slippery. It is not only forseeable, it is all but certain that someone is going to slip or jump off of the obstacle into the water.